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Jordan v. Mel Blount Youth Home of Pennsylvania

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


May 26, 2006

DIANA L. JORDAN, PLAINTIFF,
v.
MEL BLOUNT YOUTH HOME OF PENNSYLVANIA, MEL BLOUNT, TIANDA BLOUNT, AND CAROL LOCKETT, DEFENDANTS.

The opinion of the court was delivered by: Judge Joy Flowers Conti

Magistrate Judge Lisa Pupo Lenihan

ORDER

The above captioned case was filed on September 23, 2005, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The magistrate judge's Report and Recommendation (Doc. No. 15), filed on April 4, 2006, recommended that Defendants' Motion to Dismiss (Doc. No. 11) be granted as to (a) Plaintiff's request for punitive damages under the Pennsylvania Whistleblower Law, 43 Pa.C.S.A.§ 1421, and (b) Plaintiffs claims against the individual Defendants contained in Count III which, to the extent they state a valid claim, are redundant. It also recommended that the motion be denied in all other respects. Counsel of record were served with the Report and Recommendation and were advised they had ten (10) days from the date of service to file written objections to the report and recommendation. No objections have been filed. After review of the pleadings and documents in the case, together with the report and recommendation, the following order is entered:

AND NOW, this 26th day of May, 2006;

IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (Doc. No. 11) is GRANTED as to Plaintiff's request for punitive damages under the Pennsylvania Whistleblower Law, 43 Pa.C.S.A.§ 1421.

IT IS FURTHER ORDERED that Defendants' Motion to Dismiss (Doc. No. 11) is GRANTED as to Plaintiffs claims against the individual Defendants contained in Count

III.

IT IS FURTHER ORDERED that Defendants' Motion to Dismiss (Doc. No. 11) is DENIED in all other respects.

IT IS FURTHER ORDERED that the Report and Recommendation (Doc. No. 15) of Magistrate Judge Lenihan, dated April 4, 2006, is adopted as the opinion of the court.

Joy Flowers Conti United States District Judge

20060526

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